A Florida quitclaim deed is a document you can use if you want to transfer property to someone else without any warranty on the title. A quitclaim deed may be wrongly called a “quit claim deed,” “quit claims deed,” or “quick claim deed,” but all of these terms refer to the same document.
This simple document states the transfer of the property, without any promise that the title is clear. Buyers who are buying from a trusted person or who are transferring property within a family can safely use a Florida quitclaim deed.
Warranty deeds, on the other hand, give a guarantee that the title has been properly checked. Buyers who are buying from someone they do not know and trust should request a warranty deed.
Important Laws & Requirements
- Laws: § 695.01(2)
- Recording: A quitclaim deed in Florida must be filed with the County Recording Office where the property is located.
- Signing: Based on § 695.26, a Florida quitclaim deed must have two witnesses and a notary public who witnesses the grantor’s signature and notes their witness on the deed.
How to Write & File a Quitclaim Deed in Florida
Step 1: Download the Florida Quitclaim Deed
Step 2: Fill in preparer and mailing details
Leave the space at the top blank for use by the county recorder’s office. Below this space, write the name and address of the person preparing the deed. Then, enter the name and address of the person to whom the deed will be mailed after it is processed. This is typically the buyer (grantee).
Step 3: Fill in seller and buyer details
Enter the name and address of the seller (grantor), and select the type of legal entity they are. Similarly, list the same details for the buyer (grantee).
Step 4: Fill in property details
Enter the amount that was paid for the property, and fill in the county where the property is located. Write down a legal description of the property. This will include the boundaries, address, and a physical description. It also must include the appraiser’s parcel identification number (PIN), which is required by § 689.02. Finally, check the appropriate option based on the type of ownership of the property and whether the property is a homestead.
Step 5: Fill in tax details
Write in the transfer tax details, or check the second option if no transfer tax is owed.
Step 6: Get Signatures
The grantor and grantee must sign the document, with the grantor signing in the presence of a notary. The grantor must also print their name and add their address. All witnesses must sign and print their names and include their addresses. The template has a section for the notary on the last page.
If the seller has a spouse and that spouse is not one of the grantors, they must complete the “release of dower” section.
Step 7: Record the Quitclaim Deed
The last step is to record the document with the County Recorder’s Office in the county where the property is located. Pay any appropriate filing fees. Check with the county to see if a self-addressed stamped envelope is required, as some counties require this with their quitclaim deeds in Florida.